Punto Neutro. Discover the legal bases on which the platform is based

Legislation


Punto Neutro acts according to a firm legal basis in each of the areas where we do business. Below are all the main laws, rules and regulations affecting the exchange of electronic data and the probative value of such documents in court.

Note that any submission made by the same protocols using Punto Neutro has been impugned, in contrast, in any legal proceedings.

Article 24. Right to effective judicial protection

  1. All persons have the right to obtain the effective protection of judges and courts in the exercise of their rights and legitimate interests, without, in any case, being able to produce defenselessness.
  2. Likewise, everyone has the right to the ordinary judge predetermined by law, to the defense and the assistance of a lawyer, to be informed of the accusation made against them, to a public process without undue delay and with all the guarantees, to use the means of evidence relevant to his defense, not to testify against himself, not to confess guilt and the presumption of innocence.

The law will regulate the cases in which, due to kinship or professional secrecy, it will not be obliged to declare about allegedly criminal acts.

Article 3. Electronic signature, and electronically signed documents

  1. The electronic signature is the set of data in electronic form, consigned together with others or associated with them, which can be used as a means of identification of the signer.
  2. The advanced electronic signature is the electronic signature that allows the signer to be identified and to detect any subsequent change of the signed data, which is linked to the signer in a unique way and to the data to which it refers and which has been created by means that the signer can use , with a high level of trust, under your exclusive control.
  3. An advanced electronic signature based on a recognized certificate generated by a secure signature creation device is considered a recognized electronic signature.
  4. The recognized electronic signature will have the same value as the handwritten signature in relation to the data recorded in paper electronically.
  5. An electronic document is considered as information of any nature in electronic form, archived on an electronic medium according to a specific format and capable of identification and differentiated treatment.
    Notwithstanding the provisions of the preceding paragraph, in order for an electronic document to have the nature of a public document or an administrative document, it must comply with, respectively, the provisions of letters a) or b) of the following section and, where appropriate, the specific regulations applicable.
  6. The electronic document will be support for:
    1. Public documents, because they are signed electronically by officials who have legally attributed the power to give public, judicial, notarial or administrative, provided that they act within the scope of their competencies with the requirements required by law in each case.
    2. Documents issued and signed electronically by public officials or employees in the exercise of their public functions, according to their specific legislation.
    3. Private documents
  7. The documents referred to in the previous section will have the value and legal effectiveness that corresponds to their respective nature, in accordance with the legislation that is applicable to them.
  8. The support in which the electronically signed data is found will be admissible as documentary evidence in court. If the authenticity of the recognized electronic signature with which the data incorporated into the electronic document has been signed is contested, it will proceed to verify that it is an advanced electronic signature based on a recognized certificate, which meets all the requirements and conditions established in this document. Law for this type of certificates, as well as the signature has been generated through a secure device for creating an electronic signature.
    The burden of carrying out the aforementioned checks will correspond to the person who submitted the electronic document signed with a recognized electronic signature. If these verifications obtain a positive result, the authenticity of the recognized electronic signature with which the electronic document has been signed will be presumed, with the costs, expenses and rights arising from the verification exclusively by the person who made the challenge. If, in the judgment of the court, the challenge was reckless, it may impose, in addition, a fine of 120 to 600 euros.
    If the authenticity of the advanced electronic signature is impugned, with which the data incorporated into the electronic document has been signed, the provisions of section 2 of article 326 of the Civil Procedure Law shall be applied.
  9. Legal effects will not be denied to an electronic signature that does not meet the requirements of recognized electronic signature in relation to the data to which it is associated by the mere fact of submitting electronically.
  10. For the purposes of the provisions of this article, when an electronic signature is used in accordance with the conditions agreed by the parties to relate to each other, the stipulations between them shall be taken into account.

Article 299. Means of proof

  1. The means of proof that may be used in court are:
    1. Interrogation of the parties.
    2. Public documents.
    3. Private documents
    4. Expert opinion.
    5. Judicial recognition.
    6. Interrogation of witnesses.
  2. Also, in accordance with the provisions of this Law, the means of reproducing the word, sound and image, as well as the instruments that allow filing and knowing or reproducing words, data, figures and mathematical operations carried out for purposes of countable or otherwise, relevant to the process.
  3. When by any other means not expressly provided in the previous sections of this article, certainty could be obtained about relevant facts, the court, at the request of a party, will admit it as evidence, adopting the measures that are necessary in each case.

Article 300. Order of practice of means of proof

  1. Unless the court, either of its own motion or at the request of a party, decides on a different one, the evidence shall be carried out at the trial or hearing in the following order:
    1. Interrogation of the parties.
    2. Interrogation of witnesses.
    3. Declarations of experts on their opinions or presentation of these, when exceptionally they must be admitted at that moment.
    4. Judicial recognition, when it is not carried out outside the seat of the court.
    5. Reproduction in court of words, images and sounds captured by means of filming, recording and other similar instruments.
  2. When any of the admitted tests can not be performed at the hearing, it will continue to practice the rest, in the appropriate order.

Article 317. Classes of public documents

For the purposes of proof in the process, public documents are considered:
  1. The resolutions and proceedings of judicial proceedings of all kinds and the testimonies issued by the Judicial Secretaries.
  2. Those authorized by a notary according to law.
  3. Those intervened by Collegiate Trade Brokers and the certifications of the operations in which they had intervened, issued by them with reference to the Registry Book that they must carry according to law.
  4. The certifications issued by the Property and Commercial Registrars of the registry entries.
  5. Those issued by public officials legally entitled to attest to the exercise of their functions.
  6. Those that, with reference to archives and registers of State bodies, Public Administrations or other public law entities, are issued by officials empowered to attest to dispositions and actions of those bodies, Administrations or entities.

Article 318. Method of production of evidence by public documents

Public documents shall have the probative force established in article 319 if they are contributed to the original process or by certified copy or certification, whether they are submitted on paper or by electronic document, or if, having been provided by a simple copy, in support paper or digitized image, in accordance with the provisions of article 267, its authenticity has not been contested.

Article 319. Probative force of public documents

  1. With the requirements and in the cases of the following articles, the public documents included in numbers 1 to 6 of article 317 will make full proof of the act, act or state of affairs that they document, of the date on which it occurs. that documentation and the identity of the notaries and other persons who, in their case, intervene in it.
  2. The probative force of the administrative documents not included in the 5th and 6th numbers of article 317 to which the laws grant the character of public, will be established by the laws that recognize such character. In the absence of express provision in such laws, the facts, acts or statements of things contained in the aforementioned documents shall be considered true, for the purposes of the judgment handed down, unless other means of proof distort the certainty of what is documented. .
  3. In terms of usury, the courts will decide in each case freely forming their conviction without binding to the provisions of the first paragraph of this article.

Article 320. Impugnation of the probative value of the public document. Collation or checking

  1. If the authenticity of a public document is challenged, in order to be able to make full proof, the following procedure will be followed:
    1. Authenticated copies, certifications or testimonies will be collated or verified with the originals, wherever they may be, whether they have been submitted in paper or electronic, computer or digital format.
    2. The policies intervened by a collegiate trade corridor will be checked with the entries in your Register Book.
  2. The collation or verification of the public documents with their originals will be practiced by the court clerk, constituting for that purpose in the file or location where the original or matrix is ​​located, in presence, if they concur, of the parties and their defenders, who will be summoned for that purpose.
    If the public documents were in electronic format, the comparison with the originals will be made by the court clerk in the judicial office, in presence, if they concur, of the parties and their defenders, who will be summoned for that purpose.
  3. When a check or verification results in the authenticity or accuracy of the contested copy or testimony, the costs, expenses and rights arising from the collation or verification shall be exclusively for the charge of whoever made the objection. If, in the judgment of the court, the challenge was reckless, it may impose, in addition, a fine of 120 to 600 euros.

Article 321. Incomplete testimony or certification

The authentic testimony or certification of only a part of a document will not be fully tested until the additions requested by the litigant are reached.

Article 322. Public documents not subject to collation or verification

  1. They will make full evidence in court, without the need for verification or collation and unless there is evidence to the contrary and the power to request the matching of letters when possible:
    1. The old public deeds that lack protocol and all those whose protocol or matrix had disappeared.
    2. Any other public document that, due to its nature, lacks an original or record with which it can be checked or verified.
  2. In cases of disappearance of the protocol, the matrix or the original files, the provisions of article 1221 of the Civil Code will be followed.

Article 323. Foreign public documents

  1. For procedural purposes, foreign documents to which, by virtue of treaties or international conventions or special laws, the probative force provided for in article 319 of this Law shall be attributed to them shall be considered public documents.
  2. When no treaty or international agreement or special law is applicable, public documents will be considered as those that meet the following requirements:
    1. That in the granting or preparation of the document have been observed the requirements that are required in the country where they have been granted for the document to make full evidence in court.
    2. That the document contains the legalization or apostille and the other requirements necessary for its authenticity in Spain.
  3. When the foreign documents referred to in the previous sections of this article incorporate declarations of will, the existence of these will be considered proven, but its effectiveness will be determined by the applicable Spanish and foreign regulations regarding capacity, object and form of the legal business.

Article 326. Probative force of private documents

  1. The private documents will make full proof in the process, under the terms of article 319, when their authenticity is not challenged by the party they damage.
  2. When the authenticity of a private document is challenged, the person who submitted it may request the expert collation of letters or propose any other means of proof that is useful and pertinent to that effect.
    If the authenticity of the document is inferred from the collation or other means of proof, the procedure shall be as provided for in section three of article 320. When it is not possible to deduce its authenticity or no evidence has been proposed, the court shall assess it according to to the rules of sound criticism.
  3. When the party interested in the effectiveness of an electronic document requests it or its authenticity is challenged, it will proceed in accordance with the provisions of article 3 of the Electronic Signature Law.

Article 23. Validity and effectiveness of contracts concluded electronically

  1. Contracts entered into electronically will produce all the effects provided by the legal system, when consent and other requirements necessary for its validity are present.
    Electronic contracts will be governed by the provisions of this Title, by the Civil and Commercial Codes and by the other civil or commercial rules on contracts, in particular, the rules for the protection of consumers and users and the organization of commercial activity.
  2. In order for electronic contracts to be valid, the prior agreement of the parties regarding the use of electronic means will not be necessary.
  3. Whenever the Law requires that the contract or any information related to it be in writing, this requirement shall be deemed satisfied if the contract or information is contained in an electronic medium.
  4. Contracts relating to Family Law and Inheritance will not apply.

The contracts, business or legal acts in which the Law determines for its validity or for the production of certain effects the public documentary form, or that require by law the intervention of jurisdictional organs, notaries, property and mercantile registrars or public authorities , will be governed by their specific legislation.

Article 24. Proof of contracts concluded electronically

  1. The proof of the conclusion of a contract by electronic means and that of the obligations that have their origin in it will be subject to the general rules of the legal system.
  2. When contracts entered into electronically are electronically signed, the provisions of article 3 of Law 59/2003, of December 19, of electronic signature shall apply.
  3. In any case, the electronic support in which a contract is recorded electronically will be admissible in court as documentary evidence.

Article 25. Intervention of trusted third parties

  1. The parties may agree that a third party to file the declarations of will that make up the electronic contracts and to record the date and time in which said communications have taken place. The intervention of said third parties may not alter or substitute the functions that correspond to perform the persons empowered according to law to give public faith.
  2. The third party must file in electronic format the statements that have taken place electronically between the parties for the stipulated time, which in no case will be less than five years.

Article 26. Applicable law

For the determination of the law applicable to electronic contracts, the provisions of the rules of private international law of the Spanish legal system shall apply, and the provisions of articles 2 and 3 of this Law shall be taken into consideration for its application.

Article 27. Obligations prior to the start of the procurement procedure

  1. In addition to compliance with the information requirements established in the current regulations, the service provider of the information society that carries out electronic contracting activities will have the obligation to make available to the recipient, before starting the procedure of hiring and using techniques appropriate to the means of communication used, permanently, easily and free of charge, clear, understandable and unambiguous information on the following points:
    1. The different procedures that must be followed to celebrate the contract.
    2. If the provider is going to file the electronic document in which the contract is formalized and if it is going to be accessible.
    3. The technical means available to identify and correct errors in the introduction of data, and
    4. The language or languages ​​in which the contract can be formalized.

    The obligation to make the information referred to in the previous paragraph available to the recipient shall be deemed fulfilled if the provider includes it in his page or website under the conditions indicated in said paragraph.

    When the provider specifically designs their electronic contracting services to be accessed through devices that have reduced format screens, the obligation established in this section shall be understood to be fulfilled when providing the Internet address in a permanent, easy, direct and exact way. Information is made available to the recipient.

  2. The provider will not have the obligation to provide the information indicated in the previous section when: Both contracting parties so agree and none of them has the status of consumer, or The contract has been concluded exclusively through an email exchange or other equivalent electronic communication.
  3. Without prejudice to the provisions of the specific legislation, offers or hiring proposals made electronically will be valid during the period established by the offeror or, failing that, during all the time that they remain accessible to the recipients of the service.
  4. Prior to the start of the contracting procedure, the service provider must make available to the recipient the general conditions to which, if applicable, the contract should be held, so that they can be stored and reproduced by the recipient.

Article 28. Information after the conclusion of the contract

  1. The offeror is obliged to confirm receipt of the acceptance to the one who made it by any of the following means:
    1. The sending of an acknowledgment of receipt by electronic mail or any other means of electronic communication equivalent to the address indicated by the acceptor, within twenty-four hours of receipt of the acceptance, or
    2. The confirmation, by a means equivalent to that used in the contracting procedure, of the acceptance received, as soon as the acceptor has completed said procedure, provided that the confirmation can be filed by the addressee. In cases in which the obligation of confirmation corresponds to a recipient of services, the provider will facilitate compliance with this obligation, making available to the recipient any of the means indicated in this section. This obligation will be enforceable whether the confirmation should be addressed to the provider or to another recipient.
  2. It will be understood that acceptance and confirmation have been received when the parties to which they are addressed can have proof of this. In the event that the reception of the acceptance is confirmed by acknowledgment of receipt, it will be presumed that its recipient can have the aforementioned certificate from the moment it was stored in the server in which his email account is registered, or in the device used for receiving communications.
  3. It will not be necessary to confirm receipt of the acceptance of an offer when:
    1. Both contracting parties so agree and none of them has the status of consumer, or
    2. The contract has been concluded exclusively by exchange of electronic mail or other equivalent electronic communication, when these means are not used for the exclusive purpose of avoiding compliance with such obligation.

Article 29. Place of conclusion of the contract

Contracts entered into electronically in which a consumer participates as a party shall be presumed to be celebrated in the place where he has his habitual residence.

Electronic contracts between businessmen or professionals, in the absence of a pact between the parties, shall be presumed celebrated in the place where the service provider is established.

Article 230

  1. The Courts and Tribunals and the Prosecutor's Offices are obliged to use any technical, electronic, computer and telematic means, placed at their disposal for the development of their activity and exercise of their functions, with the limitations that the Chapter establishes for the use of such means. Ia of this Title, the Organic Law 15/1999, of December 13, Protection of Personal Data and the other laws that result from application.
    The general or singular instructions of use of the new technologies that the General Council of the Judicial Power or the State General Prosecutor's Office will direct to the Judges and Magistrates or to the Prosecutors, respectively, determining their use, will be of obligatory fulfillment.
  2. The documents issued by the above means, whatever their support, will enjoy the validity and effectiveness of an original document provided that its authenticity, integrity and compliance with the requirements demanded by the procedural laws are guaranteed.
  3. Oral performances and recorded and documented views in digital format can not be transcribed.
  4. The processes that are processed with computer support will ensure the identification and exercise of the jurisdictional function by the body that exercises it, as well as the confidentiality, privacy and security of the personal data contained in the terms established by law.
  5. People who demand legal protection of their rights and interests may relate to the Administration of Justice through the technical means referred to in section 1 when they are compatible with those provided by the Courts and Tribunals and the guarantees and requirements are respected. provided for in the procedure in question.
  6. The computer programs and applications used in the Administration of Justice must be previously informed by the General Council of the Judicial Power.
    The computer systems used in the Administration of Justice must be compatible with each other to facilitate their communication and integration, in the terms determined by the State Technical Committee of the Electronic Justice Administration.